Update on my Gonzaga piece on law schools, lying, and Enron.

After I published this piece, Robert K. Vischer, the dean of the University of St. Thomas Law School (Minnesota), gently suggested that I might want to clarify St. Thomas's restatement of its employment data: 

[Y]ou refer to St. Thomas Law School as having done “the right thing and ‘fessed up when it discovered that it had been misrepresenting its placement data.”  This is an important paper on an important topic, and I’m glad you’re tackling it head on.  I fear, though, that this line may lead readers to lump St. Thomas in with other law schools that have shown a pattern of deliberate misrepresentation.  Our oversight was a one-time occurrence that resulted from an erroneous entry of data.

Specifically, on line 169 of our Class of 2010 U.S. News Employment data report, the number of graduates known to be employed at graduation was correctly listed as 51 graduates (or 32.9% of our 155 total number of 2010 graduates). Unfortunately, on line 164 of the report, we incorrectly listed 125 graduates (or 80.6%) as employed at graduation.  U.S. News listed that incorrect number in its law school rankings.  We immediately contacted U.S. News to alert them to the error. The nine month graduation rate of 86.5% was correct in the rankings.

We did make a one-time mistake, and we paid the price by being unranked for a year.  I’m hoping to avoid leaving the impression that we are another example of law schools trying to fudge the truth over a period of years.

I'm happy to help Dean Vischer clarify his school's role.  There's a huge difference between making a mistake and engaging in a pattern of deception.

It's official--the new bankruptcy fee guidelines are rolling out on July 1.

Today's Wall Street Journal has a big article about the U.S. Trustee Program's new fee guidelines for lawyers in larger bankruptcy cases (here).  The rollout of the guidelines isn't a surprise.  The USTP published the proposed guidelines, received comments, revised the guidelines, received more comments, and then promulgated the final version (see here).  As the Wall Street Journal article points out, the next stage of promulgation will address the fees of the non-attorney professionals in the larger cases.

Lois Lupica and I, as part of our follow-up as Reporters for the ABI's National Ethics Task Force Final Report, will be publishing our Best Practices for Working With Fee Examiners in the next issue of the ABI Journal.  (Special thanks go to three people who gave us very helpful comments in our development of our "best practices":  Andy Vara, Robert Keach, and Brady Williamson.)  We think that our suggestions will be useful as people see an increased use of fee review committees and fee examiners.  

When I've had a tough day (and no, today wasn't tough), I read this blog.

Here.  I also read my friends' blogs, too....

How to make a teacher feel wonderful.

See here.  Thanks, Tori (and Jennifer)!

(And yes, my post-deanship portraits are better....)

Thanks, Wall Street Journal Law Blog and TaxProf Blog!

Nice to be in the spotlight (here and here).

Paul Horwitz on the legal education crisis.

His article (here) is a good read.

Fascinating video on the changes in legal practice.

Here.  Hat tip to The Legal Whiteboard.

For my law faculty colleagues--something free.

Jennifer Robbennolt & Jean Sternlight's book, Psychology for Lawyers, is a marvelous way to introduce students to the way that people (yes, including lawyers) perceive the world.  It's useful for students who plan to be litigators and for students who want to do deals.  Like every other ABA book, though, it's pretty pricey.  But here's the good news:

The ABA will provide you with some individual chapters for FREE to you and your students.

If you're interested, contact Jean at jean.sternlight@unlv.edu.

A "user manual" for a person is a great idea. Here's a first draft of mine.

This piece in Sunday's NYT (here) got me thinking:  most people are mysteries to each other, except maybe to their loved ones (and, even then, there's still some mystery left).  So here are some random thoughts about my working style, and my friends and colleagues are more than welcome to tell me that my opinions of my working style bear very little resemblance to reality.  Of course, I'm a lame duck dean at this point, and perhaps this manual would have been of more use at the beginning of my term.

1. My favorite colleagues are the ones who keep me from doing dumb things (at least without thinking things through first).  Please give me your real opinion, not what you think that I might want to hear.  Make suggestions, both about ideas and about how I might communicate them.  I promise you that you'll get my deep loyalty in return.
2. I am much happier with "direct" and "blunt" than with communication that beats around the bush.  I'm tougher than I look, so direct and blunt language will not bother me.  Waiting for 30 minutes for you to get to the point will bother me.
3. A sense of humor is a wonderful thing.  I love being in a workplace that can produce a belly laugh at least once a day, even if the laugh is triggered by being in the middle of a crazy situation.
4. If I've worked with you for longer than a month, it's because I'm happy with what you're doing.  It's totally OK to make decisions without checking with me, but it's also OK if you want to bounce ideas off me.  I operate on a "clearly erroneous" standard on most decisions--even if it's not the choice I would have made, if you made a reasonable choice, then I'm going to support it.
5. I prefer email to telephone conversations.*  I like in-person communications, too.  I've just never been much of a "phone" person; phone conversations make me antsy.  I think that texting is brilliant as a communications medium.  (Note to students:  I don't think that texting professors is a good way to communicate.)
6. I believe that meetings should have a purpose beyond presenting data.  Meetings are for brainstorming or for making decisions (or for keeping me from making a dumb mistake--see point #1 above).  I'm not a fan of folks going around the room in a meeting to tell me what they're doing.  That information is for day-to-day, talk in the hall stuff.
7. One of the things that I've loved about my colleagues this year is that everyone in the administrative suite recognizes that we're all on the same team, and there's not one complainer in the bunch.  Everyone here is busy.  Everyone here is trying hard.  Everyone here is overworked.  And yet, each morning, people come in cheerful, with their sleeves rolled up.  It just doesn't get better than that.

 Part of me wonders what would happen if I asked the folks with whom I worked to come up with their list of what I'm really like.  Hmmm....


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* Except with my friends and relatives.  I love hearing their voices.

I am so proud of my dad!

See here.  I'm proud of Dad for about a million reasons:  his career as a talented chemist; his wonderful parenting skills (he and Mom were amazing); his love of current events and of the written word; his sense of humor; his ability to try new things and get out of his comfort level.  This link gives you a glimpse about Dad and his background.

BRAVO, DAD!